Searches at School – Government Directed vs. School Administrator Directed – Why does it matter?
Our law firm represents students charged with different crimes and offenses in Pennsylvania and New Jersey. A criminal charge and a possible conviction can stay with a young adult long into their adult years and sometimes even a lifetime.
There are many cases where a felony or even a misdemeanor conviction will not allow a minor to ever purchase a gun or firearm, enter the military, be eligible for certain government programs and educational opportunities. Many of our cases involve the illegal possession of drugs and firearms and typically, these cases occur after a search on school grounds reveals these illegal items.
Probable Cause & School Searches
It is important to understand that while students do have constitutional rights, those rights are relaxed while students are on school grounds and even at some school functions such as Prom. The Fourth Amendment to the US Constitution protects all citizens from illegal search and seizures but school environments are different, and students fall into a unique category.
Normally, searches require that law enforcement establishes probable cause which is the reasonable belief that a crime is occurring or has occurred in the area searched. Probable cause is also the standard used to arrest an individual for a crime. As I have written in previous articles, police almost always need a search warrant to search a person’s home or place of business unless they can establish exigent circumstances.
Reasonable Suspicion & School Searches
In a school setting, police still need probable cause, but this legal standard does not apply to school administrators (teachers, principals, dean of students, etc.). in the school environment, administrator’s only need to establish reasonable suspicion which is a lower form of probable cause. Outside of the school environment, reasonable suspicion will not allow police to search a vehicle, home, or place of business, but it does allow officers to detain suspects and perform “stop and frisk”.
While school administrators only need to establish reasonable suspicion, probable cause is required if law enforcement or government actors participate in or direct school search.
There is a 2-part test for school searches which the U.S. Supreme Court has outlined:
- Was the search justified at its inception?
- Was the search reasonably related in scope to the circumstances which justified the intrusion in the first place?
What should your son or daughter do in school search situation?
If your son or daughter is the subject of a search, they should not answer any questions until you arrive at the school. It is very important that they do not act disrespectful because prosecutors can later argue that they exhibited some type of consciousness of guilt through that reaction. If you’ re called to the school because of this issue, you should contact an attorney and explain the circumstances surrounding the search. In most situations your son or daughter will be charged as a juvenile, but never assume criminal charges are the consequences.
For more information on school searches, especially those involving illegal guns, firearms, or narcotics, contact our law firm in Pennsylvania and New Jersey.
Contact Our Criminal Defense Lawyers in PA & NJ
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